Austin Estate Planning & Probate Attorney

Awarded Lawyer Dedicated to Preserving Your Rights

In complicated legal matters that are critical for the future, you need to know that you can work with a Austin probate attorney who has your best interests at heart. You need to work with an experienced attorney who can put their extensive knowledge of federal and state law to work for your estate legal issues.

At The Law Offices of Alex R. Hernandez, Jr. PLLC, our clients come first. Not only does this show in the great results we deliver, but it has been recognized by so many others, leading to a 10.0 out of 10.0 Superb rating from Avvo.

This objective rating not only reflects more than a decade of experience, but it highlights our legal skills and ethical standards. Our legal team in Austin is qualified to help you with all your estate planning and probate needs.

Call today or contact us online to schedule a consultation with our Austin estate planning & probate lawyer!

Our lawyers have the skill and passion to help you whether you want to:

• Draft a legally sound document
• Contest a will or trust
• Need legal help to oversee a trust or estate administration

Our legal services include helping our diverse clients with issues such as:

• Creating a Will or Trust
• Avoiding Probate
• Powers of Attorney
• Trust & Will Litigation

What Are the Benefits of Estate Planning?

• Appoint a personal representative to manage your affairs according to your wishes and instructions
• Protect your assets in the event of your death, a divorce, or a lawsuit
• Avoid a significant amount of estate taxes
• Help your family members avoid the lengthy and costly probate process
• Ensure that your loved one with special needs is provided for and receives their inheritance as well as government aid

Frequently Asked Questions About Probate in Texas

1. How long does the probate process take?
   • The average duration for the probate of a small estate could be handled in just one day in court. However, for more complicated estates, the process could take months or even years.
2. What is the role of the executor during probate?
   • The executor is whoever the decedent appointed to handle their estate. Their sole responsibility is to assemble all the property and pay off any remaining taxes or debts. They then distribute the remaining assets to beneficiaries.
3. What does "domicile" mean in the context of estate and probate law?
   • This term refers to the place or country that the individual intended to make their permanent home. This does not always refer to the place of residence where the person was living at the time of their death.

How To Avoid Probate

The probate process in Texas is touted as one of the easiest to go through. However, avoiding the state’s involvement is still appealing. Here are some steps you can take to avoid probate court completely:

• Ensure all of your assets have “survivorship rights." This means each party written on the asset has it stated that assets pass to the survivor in the event of one person's death.
• Ensure your assets also include the wording “transfer on death” or “payable-upon-death”. Items that can fall under this list include bonds and stocks, retirement funds, and life insurance.
• Obtain an affidavit of heirship to a motor vehicle for any car titles with only one party member's name listed.
• Add a right of survivorship to a home title to create a joint tenancy, assuming the home is in only one person’s name, or have a skilled estate attorney generate a “life estate arrangement.” Both solutions enable both parties the ability to transfer deeds to one another, avoiding probate.
• Create a power of attorney to allow one person to make decisions on your behalf, should you become incapacitated. This document allows the “attorney” to avoid Texas probate by ensuring all documents are worded properly prior to the other party’s death.
• Set up a trust for any eligible assets. Living trusts and other trusts allow you to clearly name a beneficiary for the assets. In the unfortunate event of one person’s passing, assets still stay in the trust, eliminating the need to transfer assets altogether.

Setting up an estate plan can benefit you and your loved ones, but it can be very tricky to compose. If you would like guidance around avoiding probate in Texas, contact our offices today.

Get the Help You Deserve from a Probate Attorney in Austin

If you believe a document was created through undue influence, you can find the experienced trial lawyer you need to challenge a trust or will. Attorney Alex Hernandez has been taking cases to trial since 2001. If you are feeling overwhelmed as a trustee or executor, or if you are unsure whether your property will escape probate, do not hesitate to give our firm a call.

Our Austin estate and probate lawyers can provide insight into every process of estate planning. Start getting the answers you need by filling out your​ free case review today!